topic Re: If not Registered? in General Credit Topics

If not Registered?

Anonymous — Mon, 10 Dec 2007 18:28:50 GMT

OK, if a CA from South Carolina is NOT registered w/Secretary of State to do bz in my state, but they are the Plaintiff, w/a 3rd party law firm representing them...is this legal or do I have any recourse - if I lose, I have to pay that South Carolina company...

THANKS FICO!!!!!!!!!!!!!

Re: If not Registered?

Anonymous — Mon, 10 Dec 2007 19:18:18 GMT

I am no expert on this- I would consult an attorney or settle before court.

Be sure to answer the complaint and show up in court!!!!!

I am assuming they hired a lawyer (usually do not need additional licensing) because the CA is not licensed to collect.

Now if they are sending letters or reporting on your credit report- you can file a complaint with your state.

@Anonymous wrote:
OK, if a CA from South Carolina is NOT registered w/Secretary of State to do bz in my state, but they are the Plaintiff, w/a 3rd party law firm representing them...is this legal or do I have any recourse - if I lose, I have to pay that South Carolina company...
THANKS FICO!!!!!!!!!!!!!

Re: If not Registered?

Anonymous — Tue, 11 Dec 2007 11:27:50 GMT

We already did the court thing, they had the schedule then filed for Summary Judgment - I went to that hearing, it was "partially" granted in their favor but we have a trial starting in April to determine the amount (I did speak up that I disputed their right to collect and the amount due)...however, it was a local CA as you mentioned.

LadyScarlet said not to sue/serve them because they could say they are NOT representing them on the matter of duplicate reporting...I just want to know if I can pursue legal activity in Small Claims though they are not located in my state.

We are still supposed to do mediation, but they have NOT initiated, and I don't believe I have to initiate...I thought maybe they'd screw up their own thing

Re: If not Registered?

Anonymous — Tue, 11 Dec 2007 14:33:00 GMT

Yes you can file in your local jurisdiction - you serve their registered agent (every corporation must have a registered agent) search the state corporations where they are located - it should be on file. If you can't find it - PM me the info and I'll search for it.

Re: If not Registered?

Anonymous — Wed, 12 Dec 2007 12:28:20 GMT

Sent you PM based on your previous comment NOT to go after the CA in my state as they can claim they aren't representing them for this matter (duplicate reporting).